Upreti, Trilochan, International Watercourses Law and Its Application ...

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328 / International Watercourses Law and Its Application in South Asia Appendix / 329Article 14Obligations of the Notifying StateDuring the Period for ReplyDuring the period referred to in article 13, the notifying State:(a) Shall cooperate with the notified States by providing them,on request, with any additional data and information that isavailable and necessary for an accurate evaluation; and(b) Shall not implement or permit the implementation of theplanned measures without the consent of the notifiedStates.Article 15Reply to NotificationThe notified States shall communicate their findings to thenotifying State as early as possible within the period applicablepursuant to article 13. If a notified State finds thatimplementation of the planned measures would be inconsistentwith the provisions of articles 5 or 7, it shall attach to itsfinding a documented explanation setting forth the reasons forthe finding.Article 16Absence of Reply to Notification1. If, within the period applicable pursuant to article 13, thenotifying State receives no communication under article15, it may, subject to its obligations under articles 5 and 7,proceed with the implementation of the planned measures,in accordance with the notification and any other data andinformation provided to the notified States.2. Any claim to compensation by a notified State which hasfailed to reply within the period applicable pursuant toarticle 13 may be offset by the costs incurred by thenotifying State for action undertaken after the expiration ofthe time for a reply which would not have been undertakenif the notified State had objected within that period.Article 17Consultations and NegotiationsConcerning Planned Measures1. If a communication is made under article 15 thatimplementation of the planned measures would beinconsistent with the provisions of articles 5 or 7, thenotifying State and the State making the communicationshall enter into consultations and, if necessary, negotiationswith a view to arriving at an equitable resolution of thesituation.2. The consultations and negotiations shall be conducted onthe basis that each State must in good faith pay reasonableregard to the rights and legitimate interests of the otherState.3. During the course of the consultations and negotiations, thenotifying State shall, if so requested by the notified State atthe time it makes the communication, refrain fromimplementing or permitting the implementation of theplanned measures for a period of six months unlessotherwise agreed.Article 18Procedures in the Absence of Notification1. If a watercourse State has reasonable grounds to believethat another watercourse State is planning measures thatmay have a significant adverse effect upon it, the formerState may request the latter to apply the provisions ofarticle 12. The request shall be accompanied by adocumented explanation setting forth its grounds.2. In the event that the State planning the measuresnevertheless finds that it is not under an obligation toprovide a notification under article 12, it shall so informthe other State, providing a documented explanation setting
330 / International Watercourses Law and Its Application in South Asia Appendix / 331forth the reasons for such finding. If this finding does notsatisfy the other State, the two States shall, at the request ofthat other State, promptly enter into consultations andnegotiations in the manner indicated in paragraphs 1 and 2of article 17.3. During the course of the consultations and negotiations, theState planning the measures shall, if so requested by theother State at the time it requests the initiation ofconsultations and negotiations, refrain from implementingor permitting the implementation of those measures for aperiod of six months unless otherwise agreed.Article 19Urgent Implementation of Planned Measures1. In the event that the implementation of planned measures isof the utmost urgency in order to protect public health,public safety or other equally important interests, the Stateplanning the measures may, subject to articles 5 and 7,immediately proceed to implementation, notwithstandingthe provisions of article 14 and paragraph 3 of article 17.2. In such case, a formal declaration of the urgency of themeasures shall be communicated without delay to the otherwatercourse States referred to in article 12 together withthe relevant data and information.3. The State planning the measures shall, at the request of anyof the States referred to in paragraph 2, promptly enter intoconsultations and negotiations with it in the mannerindicated in paragraphs 1 and 2 of article 17.PART- IVPROTECTION, PRESERVATION AND MANAGEMENTArticle 20Protection and Preservation of EcosystemsWatercourse States shall, individually and, where appropriate,jointly, protect and preserve the ecosystems of internationalwatercourses.Article 21Prevention, Reduction and Control of Pollution1. For the purpose of this article, "pollution of aninternational watercourse" means any detrimentalalteration in the composition or quality of the waters of aninternational watercourse which results directly orindirectly from human conduct.2. Watercourse States shall, individually and, whereappropriate, jointly, prevent, reduce and control thepollution of an international watercourse that may causesignificant harm to other watercourse States or to theirenvironment, including harm to human health or safety, tothe use of the waters for any beneficial purpose or to theliving resources of the watercourse. Watercourse Statesshall take steps to harmonize their policies in thisconnection.3. Watercourse States shall, at the request of any of them,consult with a view to arriving at mutually agreeablemeasures and methods to prevent, reduce and controlpollution of an international watercourse, such as:(a) Setting joint water quality objectives and criteria;(b) Establishing techniques and practices to addresspollution from point and non-point sources;(c) Establishing lists of substances the introduction ofwhich into the waters of an international watercourseis to be prohibited, limited, investigated or monitored.Article 22Introduction of Alien or New SpeciesWatercourse States shall take all measures necessary to preventthe introduction of species, alien or new, into an internationalwatercourse which may have effects detrimental to theecosystem of the watercourse resulting in significant harm toother watercourse States.
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